56872 Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Notices 

ier and the USCIS and E-Verify websites 

at https://www.uscis.gov/i-9-central and 

https://www.e-verify.gov. 

Note Regarding Federal, State, and 

Local Government Agencies (Such as 

Departments of Motor Vehicles) 

For Federal purposes, if you present 

an automatically extended EAD 

referenced in this Federal Register 

notice, you do not need to show any 

other document, such as a Form I–797C, 

Notice of Action reflecting receipt of a 

Form I–765 EAD renewal application or 

this Federal Register notice, to prove 

that you qualify for this extension. 

While Federal Government agencies 

must follow the guidelines laid out by 

the Federal Government, State and local 

government agencies establish their own 

rules and guidelines when granting 

certain benefits. Each state may have 

different laws, requirements, and 

determinations about what documents 

you need to provide to prove eligibility 

for certain benefits. Whether you are 

applying for a Federal, State, or local 

government benefit, you may need to 

provide the government agency with 

documents that show you are a TPS 

beneficiary, show you are authorized to 

work based on TPS or other status, or 

that may be used by DHS to determine 

if you have TPS or another immigration 

status. Examples of such documents are: 

• Your current EAD with a TPS 

category code of A–12 or C–19, even if 

your country of birth noted on the EAD 

does not reflect the TPS designated 

country of Sudan; 

• Your Form I–94, Arrival/Departure 

Record; 

• Your Form I–797, Notice of Action, 

reflecting approval of your Form I–765; 

or 

• Form I–797 or Form I–797C, Notice 

of Action, reflecting approval or receipt 

of a past or current Form I–821, if you 

received one from USCIS. 

Check with the government agency 

requesting documentation regarding 

which document(s) the agency will 

accept. Some state and local government 

agencies use the SAVE program to 

confirm the current immigration status 

of applicants for public benefits. 

While SAVE can verify that an 

individual has TPS, each agency’s 

procedures govern whether they will 

accept an unexpired EAD, Form I–797, 

Form I–797C, or Form I–94, Arrival/ 

Departure Record. If an agency accepts 

the type of TPS-related document you 

present, such as an EAD, the agency 

should accept your automatically 

extended EAD, regardless of the country 

of birth listed on the EAD. It may assist 

the agency if you: 

a. Give the agency a copy of the 

relevant Federal Register notice 

showing the extension of TPS-related 

documentation in addition to your 

recent TPS-related document with your 

A-number, USCIS number, or Form I–94 

number; 

b. Explain that SAVE will be able to 

verify the continuation of your TPS 

using this information; and 

c. Ask the agency to initiate a SAVE 

query with your information and follow 

through with additional verification 

steps, if necessary, to get a final SAVE 

response verifying your TPS. 

You can also ask the agency to look 

for SAVE notices or contact SAVE if 

they have any questions about your 

immigration status or automatic 

extension of TPS-related 

documentation. In most cases, SAVE 

provides an automated electronic 

response to benefit-granting agencies 

within seconds, but occasionally 

verification can be delayed. 

You can check the status of your 

SAVE verification by using CaseCheck 

at https://save.uscis.gov/casecheck/. 

CaseCheck is a free service that lets you 

follow the progress of your SAVE 

verification case using your date of birth 

and one immigration identifier number 

(such as A-number, USCIS number, or 

Form I–94 number) or Verification Case 

Number. If an agency has denied your 

application based solely or in part on a 

SAVE response, the agency must offer 

you the opportunity to appeal the 

decision in accordance with the 

agency’s procedures. If the agency has 

received and acted on or will act on a 

SAVE verification and you do not 

believe the SAVE response is correct, 

the SAVE website, https://

www.uscis.gov/save, has detailed 

information on how to make corrections 

or update your immigration record, 

make an appointment, or submit a 

written request to correct records. 

[FR Doc. 2023–17877 Filed 8–18–23; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

[CIS No. 2747–23; DHS Docket No. USCIS– 

2022–0003] 

RIN 1615–ZB91 

Extension and Redesignation of 

Ukraine for Temporary Protected 

Status 

AGENCY: U.S. Citizenship and 

Immigration Services (USCIS), 

Department of Homeland Security 

(DHS). 

ACTION: Notice of Temporary Protected 

Status (TPS) extension and 

redesignation. 

SUMMARY: Through this notice, the 

Department of Homeland Security 

(DHS) announces that the Secretary of 

Homeland Security (Secretary) is 

extending the designation of Ukraine for 

Temporary Protected Status (TPS) for 18 

months, beginning on October 20, 2023, 

and ending on April 19, 2025. This 

extension allows existing TPS 

beneficiaries to retain TPS through 

April 19, 2025, so long as they 

otherwise continue to meet the 

eligibility requirements for TPS. 

Existing TPS beneficiaries who wish to 

extend their status through April 19, 

2025, must re-register during the 60-day 

re-registration period described in this 

notice. The Secretary is also 

redesignating Ukraine for TPS. The 

redesignation of Ukraine allows 

additional Ukrainian nationals (and 

individuals having no nationality who 

last habitually resided in Ukraine) who 

have been continuously residing in the 

United States since August 16, 2023, to 

apply for TPS for the first time during 

the initial registration period described 

under the redesignation information in 

this notice. In addition to demonstrating 

continuous residence in the United 

States since August 16, 2023, and 

meeting other eligibility criteria, initial 

applicants for TPS under this 

designation must demonstrate that they 

have been continuously physically 

present in the United States since 

October 20, 2023, the effective date of 

this redesignation of Ukraine for TPS. 

DATES: Extension of Designation of 

Ukraine for TPS: The 18-month 

designation of Ukraine for TPS begins 

on October 20, 2023, and will remain in 

effect for 18 months, ending on April 

19, 2025. The extension impacts 

existing beneficiaries of TPS. 

Re-registration: The 60-day reregistration period for existing 

beneficiaries runs from August 21, 2023 

through October 20, 2023. (Note: It is 

important for re-registrants to timely reregister during the registration period 

and not to wait until their Employment 

Authorization Documents (EADs) 

expire, as delaying reregistration could 

result in gaps in their employment 

authorization documentation.) 

Redesignation of Ukraine for TPS: 

The 18-month redesignation of Ukraine 

for TPS begins on October 20, 2023, and 

will remain in effect for 18 months, 

ending on April 19, 2025. The 

redesignation impacts potential firstVerDate Sep<11>2014 18:17 Aug 18, 2023 Jkt 259001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\21AUN1.SGM 21AUN1

ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Notices 56873 

1The ‘‘continuous physical presence date’’ (CPP) 

is the effective date of the most recent TPS 

designation of the country, which is either the 

publication date of the designation announcement 

in the Federal Register or such later date as the 

Secretary may establish. The ‘‘continuous residence 

date’’ (CR) is any date established by the Secretary 

when a country is designated (or sometimes 

redesignated) for TPS. See INA secs. 244(b)(2)(A) 

(effective date of designation); 244(c)(1)(A)(i–ii) (CR 

and CPP date requirements); 8 U.S.C. 

1254a(b)(2)(A); 1254a(c)(1)(A)(i–ii). 

time applicants and others who do not 

currently have TPS. 

First-time Registration: The initial 

registration period for new applicants 

under the Ukraine TPS redesignation 

begins on August 21, 2023 and will 

remain in effect through April 19, 2025. 

FOR FURTHER INFORMATION CONTACT: 

• You may contact Rena ́ CutlipMason, Chief, Humanitarian Affairs 

Division, Office of Policy and Strategy, 

U.S. Citizenship and Immigration 

Services, Department of Homeland 

Security, by mail at 5900 Capital 

Gateway Drive, Camp Springs, MD 

20746, or by phone at 800–375–5283. 

• For further information on TPS, 

including guidance on the registration 

process and additional information on 

eligibility, please visit the USCIS TPS 

web page at https://www.uscis.gov/tps. 

You can find specific information about 

Ukraine’s TPS designation by selecting 

‘‘Ukraine’’ from the menu on the left 

side of the TPS web page. 

• If you have additional questions 

about TPS, please visit uscis.gov/tools. 

Our online virtual assistant, Emma, can 

answer many of your questions and 

point you to additional information on 

our website. If you are unable to find 

your answers there, you may also call 

our USCIS Contact Center at 800–375– 

5283 (TTY 800–767–1833). 

• Applicants seeking information 

about the status of their individual cases 

may check Case Status Online, available 

on the USCIS website at uscis.gov, or 

visit the USCIS Contact Center at 

https://www.uscis.gov/contactcenter. 

• Further information will also be 

available at local USCIS offices upon 

publication of this notice. 

SUPPLEMENTARY INFORMATION: 

Table of Abbreviations 

BIA—Board of Immigration Appeals 

CFR—Code of Federal Regulations 

DHS—U.S. Department of Homeland 

Security 

DOS—U.S. Department of State 

EAD—Employment Authorization 

Document 

FNC—Final Nonconfirmation 

Form I–131—Application for Travel 

Document 

Form I–765—Application for Employment 

Authorization 

Form I–797—Notice of Action 

Form I–821—Application for Temporary 

Protected Status 

Form I–9—Employment Eligibility 

Verification 

Form I–912—Request for Fee Waiver 

Form I–94—Arrival/Departure Record 

FR—Federal Register 

Government—U.S. Government 

IER—U.S. Department of Justice, Civil 

Rights Division, Immigrant and Employee 

Rights Section 

IJ—Immigration Judge 

INA—Immigration and Nationality Act 

SAVE—USCIS Systematic Alien 

Verification for Entitlements Program 

Secretary—Secretary of Homeland Security 

TPS—Temporary Protected Status 

TTY—Text Telephone 

USCIS—U.S. Citizenship and Immigration 

Services 

U.S.C.—United States Code 

Purpose of This Action (TPS) 

Through this notice, DHS sets forth 

procedures necessary for nationals of 

Ukraine (or individuals having no 

nationality who last habitually resided 

in Ukraine) to (1) re-register for TPS and 

to apply for renewal of their EADs with 

USCIS or (2) submit an initial 

registration application under the 

redesignation and apply for an EAD. 

Re-registration is limited to 

individuals who have previously 

registered for TPS under the prior 

designation of Ukraine and whose 

applications have been granted. Failure 

to re-register properly within the 60-day 

re-registration period may result in the 

withdrawal of your TPS following 

appropriate procedures. See 8 CFR 

244.14. 

For individuals who have already 

been granted TPS under Ukraine’s 

designation, the 60-day re-registration 

period runs from August 21, 2023 

through October 20, 2023. USCIS will 

issue new EADs with an April 19, 2025, 

expiration date to eligible Ukrainian 

TPS beneficiaries who timely re-register 

and apply for EADs. Given the time 

frames involved with processing TPS reregistration applications, DHS 

recognizes that not all re-registrants may 

receive new EADs before their current 

EADs expire. Accordingly, through this 

Federal Register notice, DHS 

automatically extends the validity of 

certain EADs previously issued under 

the TPS designation of Ukraine through 

October 19, 2024. Therefore, as proof of 

continued employment authorization 

through October 19, 2024, TPS 

beneficiaries can show their EADs that 

have the notation A–12 or C–19 under 

Category and a ‘‘Card Expires’’ date of 

October 19, 2023. This notice explains 

how TPS beneficiaries and their 

employers may determine which EADs 

are automatically extended and how 

this affects the Form I–9, Employment 

Eligibility Verification, E-Verify, and 

USCIS Systematic Alien Verification for 

Entitlements (SAVE) processes. 

Individuals who have a Ukraine TPS 

application (Form I–821) and/or 

Application for Employment 

Authorization (Form I–765) that was 

still pending as of August 21, 2023 do 

not need to file either application again. 

If USCIS approves an individual’s 

pending Form I–821, USCIS will grant 

the individual TPS through April 19, 

2025. Similarly, if USCIS approves a 

pending TPS-related Form I–765, USCIS 

will issue the individual a new EAD 

that will be valid through the same date. 

There are currently approximately 

26,000 beneficiaries under Ukraine’s 

TPS designation. 

Under the redesignation, individuals 

who currently do not have TPS may 

submit an initial application during the 

initial registration period that runs from 

August 21, 2023 and runs through the 

full length of the redesignation period 

ending April 19, 2025. In addition to 

demonstrating continuous residence in 

the United States since August 16, 2023, 

and meeting other eligibility criteria, 

initial applicants for TPS under this 

redesignation must demonstrate that 

they have been continuously physically 

present in the United States since 

October 20, 2023,1 the effective date of 

this redesignation of Ukraine, before 

USCIS may grant them TPS. DHS 

estimates that approximately 166,700 

individuals may become newly eligible 

for TPS under the redesignation of 

Ukraine. 

What is temporary protected status 

(TPS)? 

• TPS is a temporary immigration 

status granted to eligible nationals of a 

foreign state designated for TPS under 

the INA, or to eligible individuals 

without nationality who last habitually 

resided in the designated foreign state, 

regardless of their country of birth. 

• During the TPS designation period, 

TPS beneficiaries are eligible to remain 

in the United States, may not be 

removed, and are authorized to obtain 

EADs so long as they continue to meet 

the requirements of TPS. 

• TPS beneficiaries may also apply 

for and be granted travel authorization 

as a matter of DHS discretion. 

• To qualify for TPS, beneficiaries 

must meet the eligibility standards at 

INA section 244(c)(1)–(2), 8 U.S.C. 

1254a(c)(1)–(2). 

• When the Secretary terminates a 

foreign state’s TPS designation, 

beneficiaries return to one of the 

following: 

Æ The same immigration status or 

category that they maintained before 


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56874 Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Notices 

2 INA section 244(b)(1) ascribes this power to the 

Attorney General. Congress transferred this 

authority from the Attorney General to the Secretary 

of Homeland Security. See Homeland Security Act 

of 2002, Pub. L. 107–296, 116 Stat. 2135 (2002). The 

Secretary may designate a country (or part of a 

country) for TPS on the basis of ongoing armed 

conflict such that returning would pose a serious 

threat to the personal safety of the country’s 

nationals and habitual residents, environmental 

disaster (including an epidemic), or extraordinary 

and temporary conditions in the country that 

prevent the safe return of the country’s nationals. 

For environmental disaster-based designations, 

certain other statutory requirements must be met, 

including that the foreign government must request 

TPS. A designation based on extraordinary and 

temporary conditions cannot be made if the 

Secretary finds that allowing the country’s nationals 

to remain temporarily in the United States is 

contrary to the U.S. national interest. INA sec. 

244(b)(1); 8 U.S.C. 1254a(b)(1). 

3This issue of judicial review is the subject of 

litigation. See, e.g., Ramos v. Wolf, 975 F.3d 872 

(9th Cir. 2020), petition for en banc rehearing 

granted Feb. 10, 2023(No. 18–16981); Saget v. 

Trump, 375 F. Supp. 3d 280 (E.D.N.Y. 2019). 

4The extension and redesignation of TPS for 

Ukraine is one of several instances in which the 

Secretary and, prior to the establishment of DHS, 

the Attorney General, have simultaneously 

extended a country’s TPS designation and 

redesignated the country for TPS. See, e.g., 

‘‘Extension and Redesignation of Haiti for 

Temporary Protected Status’’ 76 FR 29000 (May 19, 

2011); ‘‘Extension and Re-designation of Temporary 

Protected Status for Sudan’’ 69 FR 60168 (Oct. 7, 

2004); ‘‘Extension of Designation and Redesignation 

of Liberia Under Temporary Protected Status 

Program’’ 62 FR 16608 (Apr. 7, 1997). 

5 ‘‘Russia invades Ukraine on multiple fronts in 

‘brutal act of war’,’’ PBS, Feb. 24, 2022, available 

at https://www.pbs.org/newshour/world/russiainvades-ukraine-on-multiple-fronts-in-brutal-act-ofwar (last visited Mar. 1, 2022); Natalia Zinets and 

Aleksandar Vasovic, ‘‘Missiles rain down around 

Ukraine,’’ Reuters, Feb. 24, 2022, available at 

https://www.reuters.com/world/europe/putinorders-military-operations-ukraine-demands-kyivforces-surrender-2022-02-24/ (last visited Mar. 1, 

2022). 

6Amnesty Int’l, Amnesty International Report 

2022/23: The State of the World’s Human Rights, 

Ukraine, 2022, Mar. 27, 2023, available at https:// 

www.ecoi.net/en/document/2089403.html (last 

visited May 8, 2023); ACLED—Armed Conflict 

Location & Event Data Project, War in Ukraine: One 

Year On, Nowhere Safe, Mar. 1, 2023, available at 

https://acleddata.com/2023/03/01/war-in-ukraineone-year-on-nowhere-safe/ (last visited May 8, 

2023). 

TPS, if any (unless that status or 

category has since expired or 

terminated); or 

Æ Any other lawfully obtained 

immigration status or category they 

received while registered for TPS, as 

long as it is still valid beyond the date 

TPS terminates. 

When was Ukraine designated for TPS? 

Ukraine was initially designated on 

the basis of an ongoing armed conflict 

and extraordinary and temporary 

conditions in Ukraine that prevented 

nationals of Ukraine from returning in 

safety. See Designation of Nationals of 

Ukraine for Temporary Protected Status, 

87 FR 23211 (April 19, 2022). 

What authority does the Secretary have 

to extend the designation Ukraine for 

TPS? 

Section 244(b)(1) of the INA, 8 U.S.C. 

1254a(b)(1), authorizes the Secretary, 

after consultation with appropriate 

agencies of the U.S. Government, to 

designate a foreign state (or part thereof) 

for TPS if the Secretary determines that 

certain country conditions exist.2 The 

decision to designate any foreign state 

(or part thereof) is a discretionary 

decision, and there is no judicial review 

of any determination with respect to the 

designation, termination, or extension of 

a designation. See INA sec. 244(b)(5)(A), 

8 U.S.C. 1254a(b)(5)(A).3 The Secretary, 

in his or her discretion, may then grant 

TPS to eligible nationals of that foreign 

state (or individuals having no 

nationality who last habitually resided 

in the designated foreign state). See INA 

sec. 244(a)(1)(A), 8 U.S.C. 

1254a(a)(1)(A). 

At least 60 days before the expiration 

of a foreign state’s TPS designation or 

extension, the Secretary, after 

consultation with appropriate U.S. 

Government agencies, must review the 

conditions in the foreign state 

designated for TPS to determine 

whether they continue to meet the 

conditions for the TPS designation. See 

INA sec. 244(b)(3)(A), 8 U.S.C. 

1254a(b)(3)(A). If the Secretary 

determines that the foreign state 

continues to meet the conditions for 

TPS designation, the designation will be 

extended for an additional period of 6 

months or, in the Secretary’s discretion, 

12 or 18 months. See INA sec. 

244(b)(3)(A), (C), 8 U.S.C. 

1254a(b)(3)(A), (C). If the Secretary 

determines that the foreign state no 

longer meets the conditions for TPS 

designation, the Secretary must 

terminate the designation. See INA sec. 

244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B). 

What is the Secretary’s authority to 

redesignate Ukraine for TPS? 

In addition to extending an existing 

TPS designation, the Secretary, after 

consultation with appropriate 

Government agencies, may redesignate a 

country (or part thereof) for TPS. See 

INA sec. 244(b)(1), 8 U.S.C. 1254a(b)(1); 

see also INA sec. 244(c)(1)(A)(i), 8 

U.S.C. 1254a(c)(1)(A)(i) (requiring that 

‘‘the alien has been continuously 

physically present since the effective 

date of the most recent designation of 

the state’’) (emphasis added).4

When the Secretary designates or 

redesignates a country for TPS, the 

Secretary also has the discretion to 

establish the date from which TPS 

applicants must demonstrate that they 

have been ‘‘continuously resid[ing]’’ in 

the United States. See INA sec. 

244(c)(1)(A)(ii), 8 U.S.C. 

1254a(c)(1)(A)(ii). The Secretary has 

determined that the ‘‘continuous 

residence’’ date for applicants for TPS 

under the redesignation of Ukraine shall 

be August 16, 2023. Initial applicants 

for TPS under this redesignation must 

also show they have been ‘‘continuously 

physically present’’ in the United States 

since October 20, 2023, which is the 

effective date of the Secretary’s 

redesignation, of Ukraine. See INA sec. 

244(c)(1)(A)(i), 8 U.S.C. 

1254a(c)(1)(A)(i). For each initial TPS 

application filed under the 

redesignation, the final determination of 

whether the applicant has met the 

‘‘continuous physical presence’’ 

requirement cannot be made until 

October 20, 2023, the effective date of 

this redesignation for Ukraine. USCIS, 

however, will issue employment 

authorization documentation, as 

appropriate, during the registration 

period in accordance with 8 CFR 

244.5(b). 

Why is the Secretary extending the TPS 

designation for Ukraine and 

simultaneously redesignating Ukraine 

for TPS through April 19, 2025? 

DHS has reviewed country conditions 

in Ukraine. Based on the review, 

including input received from DOS and 

other U.S. Government agencies, the 

Secretary has determined that an 18- 

month TPS extension is warranted 

because ongoing armed conflict and 

extraordinary and temporary conditions 

supporting Ukraine’s TPS designation 

remain. The Secretary has further 

determined that redesignating Ukraine 

for TPS under INA section 244(b)(3)(C), 

8 U.S.C. 1254a(b)(3)(C) is warranted and 

is changing the ‘‘continuous residence’’ 

and ‘‘continuous physical presence’’ 

dates that applicants must meet to be 

eligible for TPS. 

Overview 

On February 24, 2022, Russia 

massively expanded its unprovoked 

military invasion of Ukraine, marking 

the largest conventional military action 

in Europe since World War II.5 There is 

widespread fear and flight of Ukrainian 

nationals as Russia’s forces have 

continued to engage in significant, 

sustained bombardment of major cities 

across the country, including attacks on 

Ukraine’s capital, Kyiv.6 Members of 

Russia’s forces have also committed war 

crimes and the crimes against humanity 

of murder, torture, rape, and, alongside 

other Russian officials, deportation of 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Notices 56875 

7Antony J. Blinken, U.S. Sec’y of State, Virtual 

Remarks on Russia’s Accountability for the Crimes 

in Ukraine, U.S. Dept. of State (Mar. 31, 2023) 

available at: https://ua.usembassy.gov/secretaryantony-j-blinken-virtual-remarks-on-russiasaccountability-for-the-crimes-in-ukraine/ (last 

visited May 4, 2023); Amnesty Int’l, Amnesty 

International Report 2022/23: The State of the 

World’s Human Rights, Ukraine, at 377–82, 

available at https://www.ecoi.net/en/document/ 

2089403.html (last visited May 4, 2023); https://

ua.usembassy.gov/crimes-against-humanity-inukraine/; https://www.state.gov/war-crimes-byrussias-forces-in-ukraine/. 

8Press briefing notes on Ukraine, United Nations 

Office of the High Commissioner Human Rights, 

Mar. 1, 2022, available at https://reliefweb.int/

report/ukraine/press-briefing-notes-ukraine-01-

march-2022-enru (last visited May 15, 2022). 

9U. N. Human Rights Office of High Comm’r 

(OHCHR), Ukraine: civilian casualty update, Apr. 

10, 2023, available at https://www.ohchr.org/en/ 

news/2023/04/ukraine-civilian-casualty-update-10- 

april-2023 (last visited May 4, 2023). 

10U. N. Human Rights Office of High Comm’r 

(OHCHR), Ukraine: civilian casualty update, Apr. 

10, 2023, available at https://www.ohchr.org/en/ 

news/2023/04/ukraine-civilian-casualty-update-10- 

april-2023 (last visited May 4, 2023). 

11USAID, Ukraine—Complex Emergency, Mar. 

10, 2023, available at https://www.usaid.gov/sites/ 

default/files/2023-03/2023-03-10_Ukraine_

Complex_Emergency_Fact_Sheet_10.pdf (last 

visited May 5, 2023). 

12The World Bank, Updated Ukraine Recovery 

and Reconstruction Needs Assessment, Mar. 23, 

2023, available at: https://www.worldbank.org/en/

news/press-release/2023/03/23/updated-ukrainerecovery-and-reconstruction-needs-assessment (last 

visited May 5, 2023). 

13Ukraine one year on: IRC survey reveals war 

has near universal impact, IRC, Feb. 22, 2023, 

available at https://www.rescue.org/press-release/

ukraine-one-year-irc-survey-reveals-war-has-nearuniversal-impact (last visited Apr. 10, 2023). 

14U.N. Office for the Coordination of 

Humanitarian Affairs, Ukraine: Humanitarian 

Response Plan,, Feb. 15, 2023, available at https:// 

reliefweb.int/report/ukraine/ukraine-humanitarianresponse-plan-february-2023-enuk (last visited Mar. 

24, 2023). 

15USAID, Ukraine—Complex Emergency, Mar. 

10, 2023, available at https://www.usaid.gov/sites/

default/files/2023-03/2023-03-10_Ukraine_

Complex_Emergency_Fact_Sheet_10.pdf (last 

visited May 5, 2023). 

16Antony J. Blinken, U.S. Sec’y of State, Virtual 

Remarks on Russia’s Accountability for the Crimes 

in Ukraine, U.S. Dept. of State, Mar. 31, 2023, 

available at: https://ua.usembassy.gov/secretaryantony-j-blinken-virtual-remarks-on-russiasaccountability-for-the-crimes-in-ukraine/ (last 

visited May 4, 2023). 

17Antony J. Blinken, U.S. Sec’y of State, Virtual 

Remarks on Russia’s Accountability for the Crimes 

in Ukraine, U.S. Dept. of State, Mar. 31, 2023, 

available at: https://ua.usembassy.gov/secretaryantony-j-blinken-virtual-remarks-on-russiasaccountability-for-the-crimes-in-ukraine/ (last 

visited May 4, 2023); Amnesty Int’l, Amnesty 

International Report 2022/23: The State of the 

World’s Human Rights, Ukraine, at 377—82, 

available at https://www.ecoi.net/en/document/ 

2089403.html (last visited May 4, 2023). 

18Situation in Ukraine: ICC judges issue arrest 

warrants against Vladimir Vladimirovich Putin and 

Maria Alekseyevna Lvova-Belova, International 

Criminal Court (ICC), Mar. 17, 2023, available at 

https://www.icc-cpi.int/news/situation-ukraine-iccjudges-issue-arrest-warrants-against-vladimirvladimirovich-putin-and (last visited May 5, 2023). 

19U.S. Dept. of State, 2022 Country Report on 

Human Rights Practices: Ukraine, Mar. 20, 2023, 

available at https://www.state.gov/reports/2022- 

country-reports-on-human-rights-practices/ukraine/ 

(last visited May 5, 2023). 

20Ukraine one year on: IRC survey reveals war 

has near universal impact, IRC, Feb. 22, 2023, 

available at https://www.rescue.org/press-release/

ukraine-one-year-irc-survey-reveals-war-has-nearuniversal-impact (last visited Apr. 10, 2023). 

21Lori Hinnant, Sam McNeil, and Illia Novikov, 

Ukraine’s dam collapse is both a fast-moving 

disaster and a slow-moving ecological catastrophe, 

Associated Press, June 11, 2023, available at: 

https://apnews.com/article/ukraine-damenvironment-disaster-753d1e03810e

6bd2e4a26cf2dd3aa97b (last visited: July 19, 2023); 

Jamey Keaten, Ukrainian dam breach: What’s 

happening and what’s at stake, Associated Press, 

June 7, 2023, available at: https://apnews.com/

article/kakhovka-dam-ukraine-russia-war-whats-atstake-a417dafefa79462bef5e4e63c0a94c8c (last 

visited: July 19, 2023). 

population.7 This ongoing armed 

conflict poses a serious threat to the 

safety of nationals returning to Ukraine. 

Extraordinary and temporary 

conditions, including destroyed 

infrastructure, lack of access to 

healthcare, and displacement continue 

to prevent Ukrainian nationals from 

returning to their homes in safety. 

Armed Conflict and Violence 

Russia’s expanded military invasion 

of Ukraine has placed civilians at 

significant risk of physical harm 

throughout the country and caused vast 

harm to infrastructure.8 By April 2023, 

the Office of the UN High Commissioner 

for Human Rights (OHCHR) recorded 

22,734 civilian casualties in Ukraine, 

including 8,490 killed and 14,244 

injured.9 OHCHR further found that 

most of the recorded civilian casualties 

were caused by explosive weapons, 

including shelling from heavy artillery, 

multiple launch rocket systems, 

missiles, and air strikes.10 Russian 

forces continue to launch aerial attacks 

across Ukraine, resulting in immense 

damage to civilian infrastructure. In 

Kyiv, damage to a thermal power plant 

led to loss of electricity and heating in 

parts of the city, while aerial attacks in 

oblasts including Kharkiv, Lviv, 

Zhytomyr, and others, resulted in 

numerous power outages.11 Damage to 

buildings, infrastructure, energy, and 

agricultural sectors will cost roughly 

$411 billion to repair.12

Humanitarian Situation and Human 

Rights Abuses 

Loss of life, injuries, lack of access to 

healthcare, displacement, and damaged 

infrastructure as a result of the ongoing 

war in Ukraine have created a 

humanitarian crisis and has had a 

severe impact, with millions of 

Ukrainians requiring humanitarian 

assistance.13 According to the 2023 

Humanitarian Needs Overview (HNO) 

for Ukraine, an estimated 17.6 million 

Ukrainian people require humanitarian 

assistance in 2023, of which 52% are 

assessed to have ‘‘severe’’ humanitarian 

needs and 28% have ‘‘catastrophic’’ 

(i.e., the most severe) humanitarian 

needs.14 Heavy fighting in eastern 

regions of Ukraine has led to large 

influxes of internally displaced persons 

(IDPs) from those areas into neighboring 

regions.15 There continues to be 

significant humanitarian concerns 

including lack of infrastructure, 

healthcare, and displacement. This 

ongoing humanitarian crisis constitutes 

extraordinary and temporary conditions 

that make it difficult for Ukrainian 

nationals and stateless habitual 

residents of Ukraine to safely return to 

their country. 

In March 2022, the U.S. government 

assessed that members of Russia’s forces 

committed war crimes in Ukraine. In 

February 2023, the Secretary of State 

determined that members of Russia’s 

forces and other Russian officials had 

committed crimes against humanity in 

Ukraine.16 Widely reported atrocities 

and other abuses include torture, 

unlawful killings, sexual violence, 

disappearances, and attacks on hospitals 

and schools.17 Members of Russia’s 

forces have unlawfully transferred or 

deported Ukrainian civilians, including 

children, within occupied areas of 

Ukraine and from occupied areas of 

Ukraine to the Russian Federation, 

which is a grave breach of the Fourth 

Geneva Convention and a war crime.18

The U.S. Department of State reported 

alarming findings from the Office of the 

UN High Commissioner for Human 

Rights Monitoring Mission in Ukraine 

(HRMMU) that, since February 24, 2022, 

there have been 86 documented cases of 

conflict-related sexual violence, 

including ‘‘rape, gang rape, forced 

nudity and forced public stripping, 

sexual torture, and sexual abuse.’’ 19

Loss of life, injuries, lack of access to 

healthcare, displacement, and damaged 

infrastructure as a result of the ongoing 

war in Ukraine have created a 

humanitarian crisis and have had a 

severe impact, with millions of 

Ukrainians requiring humanitarian 

assistance.20 In June 2023, the Kakhovka 

dam collapsed causing serious 

environmental destruction including 

flooding of homes and farms, drying of 

irrigation canals, and the loss of 

countless trees, plants, and crops.21 The 

dam collapse has led to increased 

pollution in the region, as flooding 

through industrial areas carried over 

150 tons of machine oil into the Black 

Sea and caused oil slicks across 


ddrumheller on DSK120RN23PROD with NOTICES1
56876 Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Notices 

22Lori Hinnant, Sam McNeil, and Illia Novikov, 

Ukraine’s dam collapse is both a fast-moving 

disaster and a slow-moving ecological catastrophe, 

Associated Press, June 11, 2023, available at: 

https://apnews.com/article/ukraine-damenvironment-disaster-753d1e03810e

6bd2e4a26cf2dd3aa97b (last visited: July 19, 2023). 

23United Nations, Ukraine: 700,000 people 

affected by water shortages from dam disaster, June 

16, 2023, available at: https://news.un.org/en/story/ 

2023/06/1137797#:∼:text=Cut%20off%20

from%20drinking%20water,

empty%2C%20according%20to%20Ukrainian% 

(last visited: July 19, 2023). 

24United Nations, Ukraine: 700,000 people 

affected by water shortages from dam disaster, June 

16, 2023, available at: https://news.un.org/en/story/ 

2023/06/1137797#:∼:text=Cut%20off%20

from%20drinking%20water,empty%2C%20

according%20to%20Ukrainian%20authorities (last 

visited: July 19, 2023). 

25The Guardian, Ukrainians endure grim winter 

as Russia destroys infrastructure—in maps, Feb. 6, 

2023, available at https://www.theguardian.com/

world/ng-interactive/2023/feb/06/ukrainiansendure-grim-winter-as-russia-destroysinfrastructure-in-maps (last visited May 5, 2023). 

26U.N. Office of the High Comm’r for Human 

Rights, Report on the human rights situation in 

Ukraine (1 August 2022–31 January 2023); Mar. 24, 

2023, available at: https://www.ohchr.org/en/ 

documents/country-reports/report-human-rightssituation-ukraine-1-august-2022-31-january-2023 

(last visited on May 12, 2023). 

27U.N. Office for the Coordination for 

Humanitarian Affairs (OCHA), Ukraine 

humanitarian response—Key achievements in 2022, 

Feb. 10, 2023, available at https://

reports.unocha.org/en/country/ukraine (last visited 

May 5, 2023). 

28OCHA, Ukraine humanitarian response—Key 

achievements in 2022, Feb. 10, 2023, available at 

https://reports.unocha.org/en/country/ukraine (last 

visited May 5, 2023). 

29UNHCR, Ukraine Refugee Situation, Aug. 1, 

2023, available at: https://data2.unhcr.org/en/

situations/ukraine (last visited Aug. 3, 2023); IOM, 

Ukraine—Internal Displacement Report—General 

Population Survey Round 13 (11 May–14 June 

2023), June 2023, available at: https://dtm.iom.int/ 

reports/ukraine-internal-displacement-reportgeneral-population-survey-round-13-11-may-14- 

june-2023?close=true (last visited Aug. 3, 2023). 

30OCHA, Ukraine humanitarian response—Key 

achievements in 2022, Feb. 10, 2023, available at 

https://reports.unocha.org/en/country/ukraine/ (last 

visited May 5, 2023). 

Kherson.22 As a result of the dam’s 

destruction, approximately 70 percent 

of the Kakhovka Reservoir, one of the 

largest in Europe, emptied and is 

currently below its operational 

threshold.23 This has cut off or 

threatened clean water supplies for at 

least 200,000 people, a number that 

could increase to 700,000, across 

southern Ukraine.24 Additionally, 

attacks on electrical grids pose a serious 

humanitarian concern, particularly in 

winter as frigid winter temperatures set 

in and Ukrainians were without heat.25

Hundreds of schools have also been 

damaged or destroyed, resulting in 

severe disruption in the education of 

millions of students.26 The WHO 

Surveillance System reported 763 

attacks on healthcare facilities in 2022, 

leaving up to 50 percent of medical 

facilities non-functional in eastern and 

southern parts of Ukraine.27 As a result 

of the ongoing attacks, health care 

workers were forced to flee, leaving few 

present to attend to growing needs.28

More than 6.2 million Ukrainians are 

now refugees and an estimated 5.1 

million Ukrainians are Internally 

Displaced Persons (IDP).29 Large-scale 

displacement of this nature drives other 

protection concerns, including genderbased violence, separation of children 

from their families, and restrictions on 

movement.30 In summary, Russia’s 

invasion of Ukraine has led to large 

numbers of civilian casualties and a 

mounting record of serious human 

rights abuses by Russian forces against 

civilians. The war has created a 

deepening humanitarian crisis, 

including mass displacement, 

destruction of civilian infrastructure 

that is causing both economic and social 

harm, and limitations on access to vital 

healthcare. 

Based upon this review and after 

consultation with appropriate U.S. 

Government agencies, the Secretary has 

determined that: 

• The conditions supporting 

Ukraine’s designation for TPS continue 

to be met. See INA sec. 244(b)(3)(A) and 

(C), 8 U.S.C. 1254a(b)(3)(A) and (C). 

• There continues to be an ongoing 

armed conflict in Ukraine and, due to 

such conflict, requiring the return to 

Ukraine of Ukrainian nationals (or 

individuals having no nationality who 

last habitually resided in Ukraine) 

would pose a serious threat to their 

personal safety. See INA sec. 

244(b)(1)(A), 8 U.S.C. 1254a(b)(1)(A). 

• There continue to be extraordinary 

and temporary conditions in Ukraine 

that prevent Ukrainian nationals (or 

individuals having no nationality who 

last habitually resided in Ukraine) from 

returning to Ukraine in safety, and it is 

not contrary to the national interest of 

the United States to permit Ukrainian 

TPS beneficiaries to remain in the 

United States temporarily. See INA sec. 

244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C). 

• The designation of Ukraine for TPS 

should be extended for an 18-month 

period, beginning on October 20, 2023 

and ending on April 19, 2025. See INA 

sec. 244(b)(3)(C), 8 U.S.C. 

1254a(b)(3)(C). 

• Due to the conditions described 

above, Ukraine should be 

simultaneously extended and 

redesignated for TPS beginning on 

October 20, 2023 and ending on April 

19, 2025. See INA 244(b)(1)(A) and (C) 

and (b)(2), 8 U.S.C. 1254a(b)(1)(A) and 

(C) and (b)(2). 

• For the redesignation, the Secretary 

has determined that TPS applicants 

must demonstrate that they have 

continuously resided in the United 

States since August 16, 2023. 

• Initial TPS applicants under the 

redesignation must demonstrate that 

they have been continuously physically 

present in the United States since 

October 20, 2023, the effective date of 

the redesignation of Ukraine for TPS. 

• There are approximately 26,000 

current Ukraine TPS beneficiaries who 

are eligible to re-register for TPS under 

the extension. 

• It is estimated that approximately 

166,700 additional individuals may be 

eligible for TPS under the redesignation 

of Ukraine. This population includes 

Ukrainian nationals in the United States 

in nonimmigrant status or without 

immigration status. 

Notice of the Designation of Ukraine for 

TPS 

By the authority vested in me as 

Secretary under INA section 244, 8 

U.S.C. 1254a, I have determined, after 

consultation with the appropriate U.S. 

Government agencies, the statutory 

conditions supporting Ukraine’s 

designation for TPS on the basis of an 

ongoing armed conflict and 

extraordinary and temporary conditions 

are met and that designating Ukraine for 

TPS is not contrary to the national 

interest of the United States. See INA 

sec. 244(b)(1)(A) and (C), 8 U.S.C. 

1254a(b)(1)(A) and (C). On the basis of 

this determination, I am simultaneously 

extending the existing designation of 

Ukraine for TPS for 18 months, 

beginning on October 20, 2023 and 

ending on April 19, 2025, and 

redesignating Ukraine for TPS for the 

same 18-month period. See INA sec. 

244(b)(1)(A) and (C) and (b)(2); 8 U.S.C. 

1254a(b)(1)(A) and (C), and (b)(2). 

Alejandro N. Mayorkas, 

Secretary, U.S. Department of Homeland 

Security. 

Eligibility and Employment 

Authorization for TPS 

Required Application Forms and 

Application Fees To Register or ReRegister for TPS 

To register initially for TPS based on 

the designation of Ukraine, you must 

submit a Form I–821, Application for 

Temporary Protected Status, and pay 

the filing fee (or request a fee waiver, 

which you may submit on Form I–912, 

Request for Fee Waiver). You may be 

required to pay the biometric services 

fee. If you can demonstrate an inability 

to pay the biometric services fee, you 

may request to have the fee waived. 


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31Find information about online filing at ‘‘Forms 

Available to File Online,’’ https://www.uscis.gov/ 

file-online/forms-available-to-file-online. 

32https://myaccount.uscis.gov/users/sign_up. 

Please see additional information under 

the ‘‘Biometric Services Fee’’ section of 

this notice. 

TPS beneficiaries are eligible for an 

EAD, which proves their authorization 

to work in the United States. You are 

not required to submit Form I–765, 

Application for Employment 

Authorization, or have an EAD to be 

granted TPS, but see below for more 

information if you want an EAD to use 

as proof that you can work in the United 

States. 

Individuals who have a Ukraine TPS 

application (Form I–821) that was still 

pending as of August 21, 2023 do not 

need to file the application again. If 

USCIS approves an individual’s Form I– 

821, USCIS will grant the individual 

TPS through April 19, 2025. 

For more information on the 

application forms and fees for TPS, 

please visit the USCIS TPS web page at 

https://www.uscis.gov/tps. Fees for the 

Form I–821, the Form I–765, and 

biometric services are also described in 

8 CFR 103.7(b)(1) (Oct. 1, 2020). 

How can TPS beneficiaries obtain an 

employment authorization document 

(EAD)? 

Everyone must provide their 

employer with documentation showing 

that they have the legal right to work in 

the United States. TPS beneficiaries are 

eligible to obtain an EAD, which proves 

their legal right to work. Those who 

want to obtain an EAD must file a Form 

I–765 and pay the Form I–765 fee (or 

request a fee waiver, which you may 

submit on Form I–912, Request for Fee 

Waiver). TPS applicants may file this 

form along with their TPS application, 

or at a later date, provided their TPS 

application is still pending or has been 

approved. Beneficiaries with a 

Ukrainian TPS-related Form I–765 that 

was still pending as of August 21, 2023 

do not need to file the application again. 

If USCIS approves a pending TPSrelated Form I–765, USCIS will issue 

the individual a new EAD that will be 

valid through April 19, 2025. 

Refiling an Initial TPS Registration 

Application After a Denial of a Fee 

Waiver Request 

If USCIS denies your fee waiver 

request, you can resubmit your TPS 

application. The fee waiver denial 

notice will contain specific instructions 

about resubmitting your application. 

Filing Information 

USCIS offers the option to applicants 

for TPS under Ukraine’s designation to 

file Form I–821 and related requests for 

EADs online or by mail. When filing a 

TPS application, applicants can also 

request an EAD by submitting a 

completed Form I–765, with their Form 

I–821. 

Online filing: Forms I–821 and I–765 

are available for concurrent filing 

online.31 To file these forms online, you 

must first create a USCIS online 

account.32 However, if you are 

requesting a fee waiver, you cannot 

submit the applications online. You will 

need to file paper versions of the fee 

waiver request and the form for which 

you are requesting the fee waiver. 

Mail filing: Mail your application for 

TPS to the proper address in Table 1. 

Table 1—Mailing Addresses 

Mail your completed Form I–821, 

Application for Temporary Protected 

Status; Form I–765, Application for 

Employment Authorization, if 

applicable; Form I–912, Request for Fee 

Waiver (if applicable); and supporting 

documentation to the proper address in 

Table 1. 

TABLE 1—MAILING ADDRESSES

Alabama, Alaska, American Samoa, Arizona, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, 

Maine, Maryland, Massachusetts, New York, Ohio.

USCIS Chicago Lockbox. 

U.S. Postal Service (USPS): U.S. Citizenship and Immigration Services, Attn: TPS Ukraine, P.O. Box 4464, Chicago, IL 60680–4464. 

FedEx, UPS, or DHL: U.S. Citizenship and Immigration Services, Attn: 

TPS Ukraine (Box 4464), 131 S Dearborn St., 3rd Floor, Chicago, IL 

60603–5517. 

California, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North 

Carolina, North Dakota, Northern Mariana Islands, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, 

South Dakota, Tennessee, Texas, Utah, Vermont, Virgin Islands, Virginia, Washington, West Virginia, Wisconsin, Wyoming.

USCIS Phoenix Lockbox. 

U.S. Postal Service (USPS): U.S. Citizenship and Immigration Services, Attn: TPS Ukraine, P.O. Box 24047, Phoenix, AZ 85074–4047. 

FedEx, UPS, or DHL: U.S. Citizenship and Immigration Services, Attn: 

TPS Ukraine (Box 24047), 2108 E Elliot Rd., Tempe, AZ 85284– 

1806. 

If you were granted TPS by an 

immigration judge (IJ) or the Board of 

Immigration Appeals (BIA) and you 

wish to request an EAD, please file 

online or mail your Form I–765 

application to the appropriate mailing 

address in Table 1 regardless of whether 

you are requesting a fee waiver. If filing 

online, please include the fee. If filing 

by mail, please include the fee or fee 

waiver request. When you are 

requesting an EAD based on an IJ/BIA 

grant of TPS, please include a copy of 

the IJ or BIA order granting you TPS 

with your application. This will help us 

verify your grant of TPS and process 

your application. 

Supporting Documents 

The filing instructions on the Form I– 

821 list all the documents needed to 

establish eligibility for TPS. You may 

also find information on the acceptable 

documentation and other requirements 

for applying (i.e., registering) for TPS on 

the USCIS website at https://

www.uscis.gov/tps under ‘‘Ukraine.’’ 

Travel 

TPS beneficiaries may also apply for 

and be granted travel authorization as a 

matter of discretion. You must file for 

travel authorization if you wish to travel 

outside of the United States. If granted, 

travel authorization gives you 

permission to leave the United States 

and return during a specific period. To 

request travel authorization, you must 

file Form I–131, Application for Travel 

Document, available at https://

www.uscis.gov/i-131. You may file Form 

I–131 together with your Form I–821 or 


ddrumheller on DSK120RN23PROD with NOTICES1
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separately. When filing Form I–131, you 

must: 

• Select Item Number 1.d. in Part 2 

on the Form I–131; and 

• Submit the fee for Form I–131, or 

request a fee waiver, which you may 

submit on Form I–912, Request for Fee 

Waiver. 

If you are filing Form I–131 together 

with Form I–821, send your forms to the 

address listed in Table 1. If you are 

filing Form I–131 separately based on a 

pending or approved Form I–821, send 

your form to the address listed in Table 

2 and include a copy of Form I–797 for 

the approved or pending Form I–821. 

TABLE 2—MAILING ADDRESSES

If you are . . . Mail to . . . 

Filing Form I–131 together with a Form I–821, Application for Temporary Protected Status.The address provided in Table 1. 

Filing Form I–131 based on a pending or approved Form I–821, and 

you are using the U.S. Postal Service (USPS): 

USCIS, Attn: I–131 TPS, P.O. Box 660167, Dallas, TX 75266–0867. 

You must include a copy of the receipt notice (Form I–797 or I–797C) 

showing we accepted or approved your Form I–821. 

Filing Form I–131 based on a pending or approved Form I–821, and 

you are using FedEx, UPS, or DHL: 

USCIS, Attn: I–131 TPS, 2501 S State Hwy. 121, Business Ste. 400, 

Lewisville, TX 75067. 

You must include a copy of the receipt notice (Form I–797 or I–797C) 

showing we accepted or approved your Form I–821. 

Biometric Services Fee for TPS: 

Biometrics (such as fingerprints) are 

required for all applicants 14 years of 

age and older. Those applicants must 

submit a biometric services fee. As 

previously stated, if you are unable to 

pay the biometric services fee, you may 

request a fee waiver, which you may 

submit on Form I–912, Request for Fee 

Waiver. For more information on the 

application forms and fees for TPS, 

please visit the USCIS TPS web page at 

https://www.uscis.gov/tps. If necessary, 

you may be required to visit an 

Application Support Center to have 

your biometrics captured. For additional 

information on the USCIS biometric 

screening process, please see the USCIS 

Customer Profile Management Service 

Privacy Impact Assessment, available at 

https://www.dhs.gov/publication/ 

dhsuscispia-060-customer-profilemanagement-service-cpms. 

General Employment-Related 

Information for TPS Applicants and 

Their Employers 

How can I obtain information on the 

status of my TPS application and EAD 

request? 

To get case status information about 

your TPS application, as well as the 

status of your TPS-based EAD request, 

you can check Case Status Online at 

uscis.gov, or visit the USCIS Contact 

Center at https://www.uscis.gov/ 

contactcenter. If your Form I–765 has 

been pending for more than 90 days, 

and you still need assistance, you may 

ask a question about your case online at 

https://egov.uscis.gov/e-request/Intro.do 

or call the USCIS Contact Center at 800– 

375–5283 (TTY 800–767–1833). 

Am I eligible to receive an automatic 

extension of my current EAD through 

October 19, 2024, through this Federal 

Register notice? 

Yes. Regardless of your country of 

birth, provided that you currently have 

a Ukraine TPS-based EAD that has the 

notation A–12 or C–19 under Category 

and a ‘‘Card Expires’’ date of October 

19, 2023, this Federal Register notice 

automatically extends your EAD 

through October 19, 2024. Although this 

Federal Register notice automatically 

extends your EAD through October 19, 

2024, you must re-register timely for 

TPS in accordance with the procedures 

described in this Federal Register notice 

to maintain your TPS and employment 

authorization. 

When hired, what documentation may 

I show to my employer as evidence of 

identity and employment authorization 

when completing Form I–9? 

You can find the Lists of Acceptable 

Documents on Form I–9, Employment 

Eligibility Verification, as well as the 

Acceptable Documents web page at 

https://www.uscis.gov/i-9-central/ 

acceptable-documents. Employers must 

complete Form I–9 to verify the identity 

and employment authorization of all 

new employees. Within three days of 

hire, employees must present acceptable 

documents to their employers as 

evidence of identity and employment 

authorization to satisfy Form I–9 

requirements. 

You may present any document from 

List A (which provides evidence of both 

identity and employment authorization) 

or one document from List B (which 

provides evidence of your identity) 

together with one document from List C 

(which provides evidence of 

employment authorization), or you may 

present an acceptable receipt as 

described in the Form I–9 Instructions. 

Employers may not reject a document 

based on a future expiration date. You 

can find additional information about 

Form I–9 on the I–9 Central web page 

at https://www.uscis.gov/I-9Central. An 

EAD is an acceptable document under 

List A. See the section ‘‘How do my 

employer and I complete Form I–9 using 

my automatically extended EAD for a 

new job?’’ of this Federal Register 

notice for further information. If your 

EAD states A–12 or C–19 under 

Category and has a ‘‘Card Expires’’ date 

of October 19, 2023, it has been 

extended automatically by virtue of this 

Federal Register notice and you may 

choose to present your EAD to your 

employer as proof of identity and 

employment eligibility for Form I–9 

through October 19, 2024, unless your 

TPS has been withdrawn or your 

request for TPS has been denied. Your 

country of birth notated on the EAD 

does not have to reflect the TPS 

designated country of Ukraine for you to 

be eligible for this extension. 

What documentation may I present to 

my employer for Form I–9 if I am 

already employed but my current TPSrelated EAD is set to expire? 

Even though we have automatically 

extended your EAD, your employer is 

required by law to ask you about your 

continued employment authorization. 

Your employer may need to re-examine 

your automatically extended EAD to 

check the ‘‘Card Expires’’ date and 

Category code if your employer did not 

keep a copy of your EAD when you 

initially presented it. Once your 

employer has reviewed the Card 

Expiration date and Category code, your 

employer should update the EAD 

expiration date in Section 2 of Form I– 


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9. See the section ‘‘What updates should 

my current employer make to Form I– 

9 if my EAD has been automatically 

extended?’’ of this Federal Register 

notice for further information. You may 

show this Federal Register notice to 

your employer to explain what to do for 

Form I–9 and to show that USCIS has 

automatically extended your EAD 

through October 19, 2024, but you are 

not required to do so. The last day of the 

automatic EAD extension is October 19, 

2024. Before you start work on October 

20, 2024, your employer is required by 

law to reverify your employment 

authorization on Form I–9. By that time, 

you must present any document from 

List A or any document from List C on 

Form I–9 Lists of Acceptable 

Documents, or an acceptable List A or 

List C receipt described in the Form I– 

9 instructions to reverify employment 

authorization. 

Your employer may not specify which 

List A or List C document you must 

present and cannot reject an acceptable 

receipt. 

If I have an EAD based on another 

immigration status, can I obtain a new 

TPS-based EAD? 

Yes, if you are eligible for TPS, you 

can obtain a new TPS-based EAD, 

regardless of whether you have an EAD 

or work authorization based on another 

immigration status. If you want to 

obtain a new TPS-based EAD valid 

through April 19, 2025, then you must 

file Form I–765, Application for 

Employment Authorization, and pay the 

associated fee (unless USCIS grants your 

fee waiver request). 

Can my employer require that I provide 

any other documentation such as 

evidence of my status, proof of my 

Ukrainian citizenship, or a Form I– 

797C showing that I registered for TPS 

for Form I–9 completion? 

No. When completing Form I–9, 

employers must accept any 

documentation you choose to present 

from the Form I–9 Lists of Acceptable 

Documents that reasonably appears to 

be genuine and that relates to you, or an 

acceptable List A, List B, or List C 

receipt. Employers may not request 

proof of Ukrainian citizenship or proof 

of registration for TPS when completing 

Form I–9 for new hires or reverifying 

the employment authorization of 

current employees. If you present an 

EAD that USCIS has automatically 

extended, employers should accept it as 

a valid List A document so long as the 

EAD reasonably appears to be genuine 

and to relate to you. Refer to the ‘‘Note 

to Employees’’ section of this Federal 

Register notice for important 

information about your rights if your 

employer rejects lawful documentation, 

requires additional documentation, or 

otherwise discriminates against you 

based on your citizenship or 

immigration status, or your national 

origin. 

How do my employer and I complete 

Form I–9 using my automatically 

extended EAD for a new job? 

When using an automatically 

extended EAD to complete Form I–9 for 

a new job before October 20, 2024: 

1. For Section 1, you should: 

a. Check ‘‘A noncitizen authorized to 

work until’’ and enter October 19, 2024, 

as the ‘‘expiration date’’; and 

b. Enter your USCIS number or ANumber where indicated. (Your EAD or 

other document from DHS will have 

your USCIS number or A-Number 

printed on it; the USCIS number is the 

same as your A-Number without the A 

prefix.) 

2. For Section 2, employers should: 

a. Determine if the EAD is autoextended by ensuring it is in category 

A–12 or C–19 and has a ‘‘Card Expires’’ 

date of October 19, 2023. 

b. Write in the document title; 

c. Enter the issuing authority; 

d. Provide the document number; and 

e. Write October 19, 2024, as the 

expiration date. 

Before the start of work on October 

20, 2024, employers must reverify the 

employee’s employment authorization 

on Form I–9. 

What updates should my current 

employer make to Form I–9 if my EAD 

has been automatically extended? 

If you presented a TPS-related EAD 

that was valid when you first started 

your job and USCIS has now 

automatically extended your EAD, your 

employer may need to re-examine your 

current EAD if they do not have a copy 

of the EAD on file. Your employer 

should determine if your EAD is 

automatically extended by ensuring that 

it contains Category A–12 or C–19 and 

has a ‘‘Card Expires’’ date of October 19, 

2023. Your employer may not rely on 

the country of birth listed on the card 

to determine whether you are eligible 

for this extension. 

If your employer determines that 

USCIS has automatically extended your 

EAD, your employer should update 

Section 2 of your previously completed 

Form I–9 as follows: 

1. Write EAD EXT and October 19, 

2024, as the last day of the automatic 

extension in the Additional Information 

field; and 

2. Initial and date the correction. 

Note: This is not considered a 

reverification. Employers do not reverify the 

employee until either the automatic 

extension has ended, or the employee 

presents a new document to show continued 

employment authorization, whichever is 

sooner. By October 20, 2024, when the 

employee’s automatically extended EAD has 

expired, employers are required by law to 

reverify the employee’s employment 

authorization on Form I–9. 

If I am an employer enrolled in EVerify, how do I verify a new employee 

whose EAD has been automatically 

extended? 

Employers may create a case in EVerify for a new employee by entering 

the number from the Document Number 

field on Form I–9 into the document 

number field in E-Verify. Employers 

should enter October 19, 2024, as the 

expiration date for an EAD that has been 

extended under this Federal Register 

notice. 

If I am an employer enrolled in EVerify, what do I do when I receive a 

‘‘Work Authorization Documents 

Expiring’’ alert for an automatically 

extended EAD? 

E-Verify automated the verification 

process for TPS-related EADs that are 

automatically extended. If you have 

employees who provided a TPS-related 

EAD when they first started working for 

you, you will receive a ‘‘Work 

Authorization Documents Expiring’’ 

case alert when the auto-extension 

period for this EAD is about to expire. 

Before this employee starts work on 

October 20, 2024, you must reverify 

their employment authorization on 

Form I–9. Employers may not use EVerify for reverification. 

Note to All Employers 

Employers are reminded that the laws 

requiring proper employment eligibility 

verification and prohibiting unfair 

immigration-related employment 

practices remain in full force. This 

Federal Register notice does not 

supersede or in any way limit 

applicable employment verification 

rules and policy guidance, including 

those rules setting forth reverification 

requirements. For general questions 

about the employment eligibility 

verification process, employers may call 

USCIS at 888–464–4218 (TTY 877–875– 

6028) or email USCIS at I-9Central@

uscis.dhs.gov. USCIS accepts calls and 

emails in English and many other 

languages. For questions about avoiding 

discrimination during the employment 

eligibility verification process (Form I– 

9 and E-Verify), employers may call the 

U.S. Department of Justice, Civil Rights 

Division, Immigrant and Employee 


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56880 Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Notices 

Rights Section (IER) Employer Hotline 

at 800–255–8155 (TTY 800–237–2515). 

IER offers language interpretation in 

numerous languages. Employers may 

also email IER at IER@usdoj.gov. 

Note to Employees 

For general questions about the 

employment eligibility verification 

process, employees may call USCIS at 

888–897–7781 (TTY 877–875–6028) or 

email USCIS at I-9Central@

uscis.dhs.gov. USCIS accepts calls in 

English, Spanish and many other 

languages. Employees or job applicants 

may also call the IER Worker Hotline at 

800–255–7688 (TTY 800–237–2515) for 

information regarding employment 

discrimination based on citizenship, 

immigration status, or national origin, 

including discrimination related to 

Form I–9 and E-Verify. The IER Worker 

Hotline provides language interpretation 

in numerous languages. 

To comply with the law, employers 

must accept any document or 

combination of documents from the 

Lists of Acceptable Documents if the 

documentation reasonably appears to be 

genuine and to relate to the employee, 

or an acceptable List A, List B, or List 

C receipt as described in the Form I–9 

Instructions. Employers may not require 

extra or additional documentation 

beyond what is required for Form I–9 

completion. Further, employers 

participating in E-Verify who receive an 

E-Verify case result of ‘‘Tentative 

Nonconfirmation’’ (mismatch) must 

promptly inform employees of the 

mismatch and give such employees an 

opportunity to take action to resolve the 

mismatch. A mismatch means that the 

information entered into E-Verify from 

Form I–9 differs from records available 

to DHS. 

Employers may not terminate, 

suspend, delay training, withhold or 

lower pay, or take any adverse action 

against an employee because of a 

mismatch while the case is still pending 

with E-Verify. A Final Nonconfirmation 

(FNC) case result is received when EVerify cannot confirm an employee’s 

employment eligibility. An employer 

may terminate employment based on a 

case result of FNC. Work-authorized 

employees who receive an FNC may call 

USCIS for assistance at 888–897–7781 

(TTY 877–875–6028). For more 

information about E-Verify-related 

discrimination or to report an employer 

for discrimination in the E-Verify 

process based on citizenship, 

immigration status, or national origin, 

contact IER’s Worker Hotline at 800– 

255–7688 (TTY 800–237–2515). 

Additional information about proper 

nondiscriminatory Form I–9 and EVerify procedures is available on the 

IER website at https://www.justice.gov/ 

ier and the USCIS and E-Verify websites 

at https://www.uscis.gov/i-9-central and 

https://www.e-verify.gov. 

Note Regarding Federal, State, and 

Local Government Agencies (Such as 

Departments of Motor Vehicles) 

For Federal purposes, if you present 

an automatically extended EAD 

referenced in this Federal Register 

notice, you do not need to show any 

other document, such as a Form I–797C, 

Notice of Action reflecting receipt of a 

Form I–765 EAD renewal application or 

this Federal Register notice, to prove 

that you qualify for this extension. 

While Federal Government agencies 

must follow the guidelines laid out by 

the Federal Government, State and local 

government agencies establish their own 

rules and guidelines when granting 

certain benefits. Each state may have 

different laws, requirements, and 

determinations about what documents 

you need to provide to prove eligibility 

for certain benefits. Whether you are 

applying for a Federal, State, or local 

government benefit, you may need to 

provide the government agency with 

documents that show you are a TPS 

beneficiary, show you are authorized to 

work based on TPS or other status, or 

that may be used by DHS to determine 

if you have TPS or another immigration 

status. Examples of such documents are: 

• Your current EAD with a TPS 

category code of A–12 or C–19, even if 

your country of birth noted on the EAD 

does not reflect the TPS designated 

country of Ukraine; 

• Your Form I–94, Arrival/Departure 

Record; 

• Your Form I–797, Notice of Action, 

reflecting approval of your Form I–765; 

or 

• Form I–797 or Form I–797C, Notice 

of Action, reflecting approval or receipt 

of a past or current Form I–821, if you 

received one from USCIS. 

Check with the government agency 

requesting documentation regarding 

which document(s) the agency will 

accept. Some state and local government 

agencies use the SAVE program to 

confirm the current immigration status 

of applicants for public benefits. 

While SAVE can verify that an 

individual has TPS, each agency’s 

procedures govern whether they will 

accept an unexpired EAD, Form I–797, 

Form I–797C, or Form I–94, Arrival/ 

Departure Record. If an agency accepts 

the type of TPS-related document you 

present, such as an EAD, the agency 

should accept your automatically 

extended EAD, regardless of the country 

of birth listed on the EAD. It may assist 

the agency if you: 

a. Give the agency a copy of the 

relevant Federal Register notice 

showing the extension of TPS-related 

documentation in addition to your 

recent TPS-related document with your 

A-number, USCIS number, or Form I–94 

number; 

b. Explain that SAVE will be able to 

verify the continuation of your TPS 

using this information; and 

c. Ask the agency to initiate a SAVE 

query with your information and follow 

through with additional verification 

steps, if necessary, to get a final SAVE 

response verifying your TPS. 

You can also ask the agency to look 

for SAVE notices or contact SAVE if 

they have any questions about your 

immigration status or automatic 

extension of TPS-related 

documentation. In most cases, SAVE 

provides an automated electronic 

response to benefit-granting agencies 

within seconds, but occasionally 

verification can be delayed. 

You can check the status of your 

SAVE verification by using CaseCheck 

at https://save.uscis.gov/casecheck/. 

CaseCheck is a free service that lets you 

follow the progress of your SAVE 

verification case using your date of birth 

and one immigration identifier number 

(such as A-number, USCIS number, or 

Form I–94 number) or Verification Case 

Number. If an agency has denied your 

application based solely or in part on a 

SAVE response, the agency must offer 

you the opportunity to appeal the 

decision in accordance with the 

agency’s procedures. If the agency has 

received and acted on or will act on a 

SAVE verification and you do not 

believe the SAVE response is correct, 

the SAVE website, https://

www.uscis.gov/save, has detailed 

information on how to make corrections 

or update your immigration record, 

make an appointment, or submit a 

written request to correct records. 

[FR Doc. 2023–17875 Filed 8–18–23; 8:45 am] 

BILLING CODE 9111–97–P 


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